Carter v E W Roach and J B Milton Pty Ltd [1921] HCA 45

Carter v E W Roach and J B Milton Pty Ltd [1921] HCA 45

Section 29(ba) does not apply to a memorandum of agreement certified under section 24(1); such agreements are only binding between the parties to the agreement and do not extend to successors or assignees. As the present defendant company was not a party to the agreement, it was not bound under section 29(ba).

Parties
Defendant: E. W. Roach and J. B. Milton Proprietary Ltd.; Informant/appellant: Herbert Carter; Organization/employee Representative: Federated Clothing Trades of the Commonwealth of Australia; Former Employer/party Bound by Agreement: Edward William Roach; Former Employer/party Bound by Agreement: J. B. Milton & Co.
Jurisdiction
Australia
Judgment Date
17 November 1921
Procedural Posture
Appeal / On Appeal From a Court of Petty Sessions of Victoria
Outcome
Appeal dismissed with costs
Legal Topics
Binding Effect of Certified Industrial Agreements, Award Versus Agreement Distinction, Statutory Interpretation, Ultra Vires Challenge
Industrial Law Constitutional Law Binding Effect of Certified Industrial Agreements Award Versus Agreement Distinction Statutory Interpretation Ultra Vires Challenge

Case Brief

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Parties

E. W. Roach and J. B. Milton Proprietary Ltd.

Defendant

Herbert Carter

Informant/appellant

Federated Clothing Trades of the Commonwealth of Australia

Organization/employee Representative

Edward William Roach

Former Employer/party Bound by Agreement

J. B. Milton & Co.

Former Employer/party Bound by Agreement

Procedural Posture

Appeal / On Appeal From a Court of Petty Sessions of Victoria

Legal Issues

  1. 1 Does section 29(ba) of the Commonwealth Conciliation and Arbitration Act apply to a memorandum of agreement certified under section 24(1)?
  2. 2 If section 29(ba) does apply, is it valid under the Constitution?

Ratio Decidendi

Section 29(ba) does not apply to a memorandum of agreement certified under section 24(1); such agreements are only binding between the parties to the agreement and do not extend to successors or assignees. As the present defendant company was not a party to the agreement, it was not bound under section 29(ba).

Court Disposition

Appeal dismissed with costs

Orders

  • Order nisi discharged